Legal Opinion

State v. Hess

South Dakota Supreme Court

Decided May 5, 2004No. NonePublishedCited by 59 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] In this case, we must decide whether a warrantless police entry and search of a home, mistakenly thought to be the home of an arrestee for whom the officers had a warrant, constituted a Fourth Amendment violation. After looking in the window of a home where the police were to arrest a person on a felony warrant, which was actually the home next door, the officers observed the defendant and another man using a controlled substance. Believing that exigent circum*317stances existed and that this was the home of the person they were to arrest, the officers enteréd, arrested…

2Cases cited48 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Payton v. New YorkSupreme Court of the United States · 1980
  4. Rakas v. IllinoisSupreme Court of the United States · 1979
  5. Jones v. United StatesSupreme Court of the United States · 1960

43 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. State v. FierroSouth Dakota Supreme Court · 2014
  2. State v. MattsonSouth Dakota Supreme Court · 2005
  3. State v. TofaniSouth Dakota Supreme Court · 2006
  4. State v. DeneuiSouth Dakota Supreme Court · 2009
  5. State v. BowkerSouth Dakota Supreme Court · 2008

54 more not listed; retrieve them via the Exa API.

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